Design District standards shall be established to regulate the physical form of specific areas within the community, and implement to the intent within Sec. 4.5, Design District Intent Statements. Design Districts regulate the relationship between buildings and the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. by focusing on mass, scale, and character along the street. Although land uses are regulated, the emphasis is on appropriate building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. placement and massing. They are intended to encourage innovative projects that create human-scaled mixed-use environments.

A. General Applicability

1. Standards within this Article shall apply to any property with a Downtown Design District (DD), Compact Design District (CD), or Compact Suburban Design District (CSD) zoning designation and applicable sub-district zoning designations.

2. The DD zoning district and sub-districts shall only be permitted in the Downtown Tier.

B. Applicability of Other Articles

1. Unless exemptions or alternate standards are explicitly established in this Article, all standards and provisions of this Ordinance shall apply to development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within any Design District.

2. If conflicts exist between the requirements of this Article and other Articles of this Ordinance, the requirements of this Article shall apply.

C. Where a Design District is overlaid by a Historic District Overlay, the standards set forth in Sec. 4.10, Historic District Overlay, shall also apply.

D. Landscaping and Parking

1. For landscaping, buffering, and parking regulations, refer to Article 9, Landscaping and Buffering; and Article 10, Parking and Loading, respectively.

2. Unless otherwise specified within this Article, any landscaping required within this Article shall comply with the general, landscape design, and existing vegetation standards of Article 9, Landscaping and Buffering, including standards within the Landscape Manual.

E. Environmental Protection

For environmental protection requirements refer to Article 8, Environmental Protection. For additional watershed All of the land area draining to a particular point on a water course or to a water body. overlay standards, refer to Sec. 4.11, Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay.

F. Durham Design Manual

The Durham Design Manual shall be used to provide guidance in complying with applicable Design District standards. Where there is a conflict between the manual and Design District standards, the Design District standards shall apply.

A. Primary, accessory, and temporary uses shall be in accordance with Article 5, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Regulations.

B. Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Residential Uses and Overnight Accommodations

1. For residential uses and guest rooms A room or suite used as living accommodations for one or more paying visitors. for overnight accommodations, the finished floor elevation shall be, at any point, at least 30 inches above the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. street grade A land disturbing activity that modifies the contours of the land..

2. Exemptions are as follows:

a. Utilization of the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage type with a minimum forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. depth of 10 feet.

b. The uses on the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. are located at least 20 feet from the street facing façade.

c. Entry areas, such as lobbies, foyers, or common areas.

C. Buildings with One or Two Dwelling Units

1. Nonresidential Requirement

Buildings with one or two residential units shall include a separate, primary nonresidential use within the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. other than home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

2. Exemptions

a. In the DD and CD districts, buildings within the S2 sub-district.

b. In the CSD-S2, single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. pursuant to paragraph 16.1.3D, Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and Two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. Subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be exempt from the above requirement.

D. Single-family and Two-family Subdivisions in CSD-S2

Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. within the CSD-S2 shall meet the following standards:

1. The development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall comply with the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. standards pursuant to paragraph 16.1.3E.3, CSD District Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Requirements.

2. No minimum lot size shall apply.

3. No minimum side  or rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall apply.

4. No frontage types shall apply.

5. Vehicular access shall be provided to the rear of each lot.

6. Each lot shall maintain a minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of five feet or comply with the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage type build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. requirements.

7. Required Open Space

Open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. shall be provided as follows:

a. A minimum of 5% of gross area;

b. All open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. areas shall have a horizontal dimension of at least 25 feet in all directions; and

c. All open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. areas shall meet the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements of Sec. 7.2, Open Space.

E. Residential Density

1. DD District Density Requirement

No minimum or maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements shall apply within the DD District.

2. CD District Density Requirements

a. Residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CD District shall be in accordance with the following density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements:

b. In the CD-S2 sub-district, any projects of 200,000 square feet or greater shall consist of a residential component and comply with the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements above.

c. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be calculated based upon the entire site acreage, including areas precluded from consideration for density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in Article 8, Environmental Protection.

d. Affordable Housing Density Bonus

(1) Within any sub-district, the maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be 75 units per acre; provided, that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..

(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.

(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.

3. CSD District Density Requirements

a. Residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CSD District shall be in accordance with the following density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements:

b. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be calculated based upon the entire site acreage, including areas precluded from consideration for density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in Article 8, Environmental Protection.

c. Affordable Housing Density Bonus

(1) Within any sub-district, allowable density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not be limited; provided, that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..

(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.

(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.

F. Ground Floor Use Limitations

1. DD District

a. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. frontage of any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. fronting along the following streets, as depicted in the following map and listed in paragraph (b), Applicable Streets, shall only contain nonresidential uses other than parking, pursuant to Sec. 5.1, Use Table.

(1) The area required for nonresidential uses shall have a minimum interior depth of 20 feet.

(2) Upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential uses can have ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. access.

b. Applicable Streets

(1) All frontages along Foster Street, Corcoran Street, and Blackwell Street up to the intersection of Jackie Robinson Boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended.;

(2) All frontages along Rigsbee Avenue;

(3) All frontages along East and West Main Street; and

(4) All frontages within and along the Downtown Loop, including Roxboro Street.

2. CD District

Noncommercial uses shall not be permitted on the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. of the CUD-P(N) sub-district; however, upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential uses can have ground level access.

A. Transitional Use Area

Within the Support 1 sub-district of the CSD District, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within 200 feet of the Patterson Place Compact Neighborhood Tier boundary, except where the Tier boundary abuts ROW), shall require approval of a major special use permit (MSUP) pursuant to Sec. 3.9, Special Use Permit.

B. Exemption

The following shall be exempt from this requirement:

1. Redevelopment of, or additions to, existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. so long as no expansion of the limits of disturbance in the TUA is proposed.

2. Public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

C. Criteria for Approval of Major Special Use Permit in TUA

In lieu of addressing the Review Factors in paragraph 3.9.8B for Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permits, Major Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. permits in the TUA shall require that the applicant demonstrate that the following review factors have been adequately addressed:

1. Environmental Protection

Preservation of tree cover, floodplain, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., steep slopes, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and other natural features, protection of water quality and wildlife corridors, Durham Inventory See "Durham Inventory" Sites, state designated natural heritage elements and related studies.

2. Lighting

Locations of exterior lighting with reference to edge effects and impacts on the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. natural areas and wildlife movements.

3. Effects on Nearby Properties

Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.

4. Conformance with Adopted Plans

Conformance with adopted plans such as the New Hope Creek Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. Master Plan, the Durham Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., and other applicable city/county policies.

5. Other Factors

Any other review factors which the approving authority considers to be appropriate to the property in question.

Unless otherwise specified within the individual frontage or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type standards pursuant to paragraph 16.3.2, the following standards shall apply:

A. Build-To Zone

1. Measurement

a. The build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be measured from back-of-curb of each street and provided as follows:

For sides of property that front along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be measured from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line and not the back-of-curb.

b. Where the back-of-curb varies along a street, measurement shall be from the back-of-curb closest to the property line.

2. Conflict with Right-of-Way

a. Where at least 50% of the depth of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. is within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., an additional two feet shall be added to the depth of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

b. Where right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. encumbers the entire build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located.:

(1) The build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be as follows:

(2) An additional adjustment, of the minimum amount necessary to avoid encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. of footings into the street, shall be allowed if demonstrated with a sealed foundation plan.

3. Other Build-to Zone Exceptions

a. Build-to zones shall not apply to alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

b. Cornices, eaves, doorway canopies, balconies, and other similar building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. appurtenances can extend out of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

c. Podiums The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height., or portions thereof as applicable, can be located out of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. to the minimum extent necessary to avoid existing easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or sight distance triangles.

Commentary:  Any proposed encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. will require compliance with any other applicable codes and an approved legal agreement with the City or NCDOT, as applicable.

B. Percent Placement

For all frontage types, except as specified below, a minimum percentage of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be occupied by the building podium See Podium., calculated as a linear measurement within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. along the width each street frontage The boundary of a property adjacent to one side of a street. of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

1. Courtyard Frontage Type buildings shall meet the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. placement standards found in paragraph 16.3.1G, Courtyard Frontage Type.

2. For the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, the street side of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall be used to meet percentage requirements.

3. The percentage can be reduced only to the minimum extent necessary to avoid existing easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., if required to accommodate emergency vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access or service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops., or if otherwise specified in this Ordinance.

4. The percentage can be reduced by up to 15% for developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that are required to provide public space pursuant to 16.2.4. to accommodate the public open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. street frontage The boundary of a property adjacent to one side of a street. requirement.

C. Required Yards

1. For a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. utilizing a frontage type, no street or side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. are required.

2. For a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. utilizing a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type, refer to Sec. 16.3, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Design.

3. The required rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be as follows, unless otherwise specified in this Article:

a. For DD-C and DD-S1, no rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required.

b. For DD-S2, a 25-foot minimum is required when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or residential use outside of the DD District.

c. For any CD and CSD sub-districts, a 10-foot minimum rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required.

A. Minimum Required

1. One passage per every 250 feet of aggregate building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade per development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. along a street frontage The boundary of a property adjacent to one side of a street..

2. Where a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. includes the middle 50% of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., at least one passage shall be placed within the middle 50% of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

3. For modifications to existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., at least one passage shall be required:

a. If additional development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. creates at least 25% new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage along the street and would exceed the 250-foot façade standard, above; or

b. If replacing structures, or portions thereof, with street frontage The boundary of a property adjacent to one side of a street. that is at least 25% of the overall street frontage The boundary of a property adjacent to one side of a street. and exceeds the 250-foot façade standard, above.

B. Types of Passages

1. At least one passage shall be an “exterior” passage. These are either:

a. Between buildings;

b. An open-air tunnel through a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.; or

c. Through a parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

2. Additional passages can be interior through a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

3. Except in conjunction with parking structures, passages shall not be used for motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

4. A pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. per paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards, shall qualify as a passage.

5. Sidewalks shall not qualify as a passage.

C. Dimensional Standards

1. Passages that do not run through parking structures shall maintain a minimum of twelve feet of clearance in width and height.

2. Parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. passages shall be designated or marked pathways with a minimum width of six feet.

3. Routes shall be perpendicular to the street frontage The boundary of a property adjacent to one side of a street. with a maximum 15 degree variation to accommodate site or design conditions.

D. Architectural Standards

1. These standards shall apply to passages tunneling through buildings or interior to buildings.

2. Passage entries shall be architecturally distinct by at least two of the following methods:

a. A canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or awning.

b. A distinctive architectural surround.

c. A change in materials or plane.

E. Lighting

Passages shall be illuminated per paragraph 7.4.3, Standards.

F. Access

1. Pedestrian passages A site feature of Design Districts where a passageway for pedestrian movement is provided through the development site. shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access, except as follows for security purposes:

a. Access to passages after hours of operation; or

b. Access to passages that only serve residential uses (including ancillary uses provided for residents of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., such as but not limited to leasing offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., pools, and fitness facilities).

2. Gates shall have a maximum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 50%.

G. Way-finding

Pedestrian way-finding signage shall be provided throughout the passage route.

H. Inter-Connectivity

Pedestrian passages A site feature of Design Districts where a passageway for pedestrian movement is provided through the development site. shall extend through the site to a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or property line.

1. Passages shall either connect to a passage on an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. site or opposing right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., if available; or

2. Provide the ability for an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. to connect to the passage.

3. Passages shall not be required to connect to limited access right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., or active railroad or light rail lines.

A. General Standards

1. Where an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. is existing or proposed, service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be placed along, and accessed from, the alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.. Where conflicts with utilities, sight distance triangles, pedestrian accessibility, or vehicular and service accessibility exist, placement and access points from public or private streets shall be permitted.

2. No service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be placed along a street frontage The boundary of a property adjacent to one side of a street. unless the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site has at least two street frontages The boundary of a property adjacent to one side of a street.. Vehicular access for structured parking per paragraph 16.3.2, Structured Parking, is exempt from this requirement.

3. Unless the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site is bound by right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. on all sides, no service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be permitted along the frontage of the streets in paragraph 16.1.3E.3, Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Limitations.

4. No garage entry for an individual dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall be placed within façades along a street frontage The boundary of a property adjacent to one side of a street.. Such garage entries shall be placed along an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. or common access drive.

5. No frontage type or ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirement shall apply within the extent of the service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops..

6. The service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. can be set back a maximum of 10 feet from the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located., but shall not be set back more than 40 feet from the back-of-curb. The setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall apply only for the width of the service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops..

7. Required sidewalk clear zone per paragraph 16.4.2B, Sidewalk Clear Zone, shall be maintained.

B. Street Frontage Service Areas

If a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. is placed along a street frontage The boundary of a property adjacent to one side of a street., the following shall apply:

1. Corners

A service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be at least 20 feet from any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. corner with street frontage The boundary of a property adjacent to one side of a street..

2. Maximum Designated Area

a. A maximum of 20% of a façade length along each individual street can be designated as a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops.; or

b. More than 20%, up to a maximum of 40%, of a façade length along only one street can be designated as a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops., with no other service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. allowed along the other street frontages The boundary of a property adjacent to one side of a street..

C. Utilities and Solid Waste Facilities

Sec. 7.6, Utility and Solid Waste Facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above., shall apply with the following additional requirements:

1. Solid Waste Collection

a. All new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., not including structured parking, of 100,000 building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage or greater shall provide trash compactors on site.

b. Where shared solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. exist on sites to be redeveloped, the redevelopment shall continue to accommodate sufficient shared facilities.

c. Sites designed with a trash compactor shall be designed to allow solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. to back into the site. In all other instances, a site may be designed to allow solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. to back into the site. The following criteria shall apply in all instances:

(1) The on-site access location shall allow for a maximum of 40 feet into the site;

(2) Pickup only occurs during off-peak hours, as determined by the Transportation Director or designee; and

(3) The street is not a State-maintained road See “Street, Public” and “Street, Private.”.

d. A dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. area for the separation, collection, and storage of recyclables shall be provided.

2. Utilities and mechanical equipment

All utilities and associated equipment, and other mechanical equipment serving the site, shall be installed underground or on rooftops, unless:

a. Another applicable code prevents such locations;

b. If documentation from the service provider prohibits such locations; or

c. If equipment is placed outside of public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and is not visible from off-site by placement internal to the site or walled with material consistent with the primary building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. facade.

A. Applicability

1. Unless otherwise specified, public space shall be provided in lieu of the requirements of Sec. 7.2, Open Space.

2. Area developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as required streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. shall not be applied to public space requirements.

3. Public space shall be provided as follows:

a. In DD and CD Districts, public space shall be provided for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of at least 80,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage on 3.5 acres or more.

b. In CSD Districts, public space shall be provided for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of at least 50,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage on two acres or more.

4. Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. pursuant to paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards, shall qualify as required public space.

5. Surface parking shall not be placed between public space and a proposed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

B. Ownership, Management, and Accessibility

The requirements pursuant to paragraph 7.2.5, Ownership and Management of Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., shall apply.

1. Public space shall be maintained for public access even if under private ownership. An easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. to maintain public access shall be required.

2. Public space shall be handicap accessible.

3. Maintenance of public space, if privately owned, shall be the responsibility of the private entity and not that of the City or County.

C. General Requirements

1. Area and Location

a. Public space shall be provided on the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

b. Except in the CSD district, a maximum of two public space areas shall be provided.

c. The minimum amount of public space square footage shall be as follows as a percentage of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site area The minimum area required for a particular type of development. The site may then be divided into smaller lots.:

d. Payment in lieu can be provided if such a program has been established.

2. Dimensions

a. The minimum dimension for each public space area shall be 25 feet in all directions.

b. The minimum street frontage The boundary of a property adjacent to one side of a street. width shall be 25 feet.

3. Public Space Amenities

a. Seating

One linear foot of seating for every 100 square feet of public space shall be provided. Ledges and/or walls can be used if the height is 18 to 30 inches high and at least 15 inches deep.

b. Trash/Recycling Receptacles

One set of trash/recycling receptacles per 5,000 square feet, with a minimum of one set, shall be provided.

c. Trees

Two canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees per 1,000 square feet, with a minimum of one, shall be provided.

d. Pedestrian Circulation

Pedestrian circulation shall be provided with a paved walkway with a minimum width of five feet.

(1) In DD, brick double-sailor-course banding as required for sidewalks shall be incorporated into each public space walkway to provide a visual connection from the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. to the public space.

(2) Lighting shall be provided for walkways and comply with Sec. 7.4, Outdoor Lighting.

e. Incidental Buildings

Incidental buildings are allowed pursuant to paragraph to 16.3.1I.3.c, Permanent Stands/Kiosks, and as follows:

(1) Total incidental building coverage The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall be no more than 25% of the required public space for the site.

(2) The buildings shall be no taller than 15 feet.

(3) The buildings shall not extend in front of primary buildings along street frontages The boundary of a property adjacent to one side of a street..

4. Exclusions

a. Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall not count towards required public space.

b. Private recreational amenity areas, including but not limited to pools, fitness facilities, lounges and other similar amenities, shall not count towards public space requirements.

c. Rooftops of any type shall not qualify as public space unless approved as an alternative form of compliance A form of compliance that equals or exceeds an applicable standard and is subject to approval as defined in the Unified Development Ordinance. pursuant to paragraph 16.2.4D, below or through paragraph 16.2.4C.5, below, for the CSD district.

5. CSD District Public Space Modifications

a. A maximum of 2% of the required public space may be provided through publicly accessible green roof A vegetated roof treatment that has a layer of soil and a drainage system and is planted with vegetation..

b. The required public space shall be provided in a maximum of three public space areas.

c. Any area of storm water mitigation may count towards a maximum of 2% of required public space.

D. Alternative Form of Compliance

An alternative to the size, configuration, or location requirements (as long as it remains on-site) of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. may be approved through approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The general findings required for a minor special use permit shall apply, except the following findings shall replace the review factors per paragraph 3.9.8B, Review Factors:

1. That the alternative design shall provide better opportunities to utilize the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. than would otherwise be provided;

2. That the alternative design provides better access than would otherwise be provided; and

3. The amenities provided are substantially more than the minimum requirements.

Any lot that becomes vacant due to demolition, for which a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or construction permit has expired or does not exist, shall meet the following standards in addition to any sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control requirements of paragraph 12.10.4B, Stabilization of Disturbed Land:

A. The lot shall be planted with ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., grass or other appropriate landscape material, or covered with hardscape material, and maintained. No bare earth shall remain visible.

B. These actions must be completed within 30 days of demolition or the expiration of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or construction permit, whichever comes last.

A. Paragraph 12.2.4, External Access Required, shall not apply within the Downtown Design District.

B. Vehicular Access for Double-Frontage Lots

When vehicular access is proposed for both sides of double frontage lots, access points shall be off-set to inhibit cut-through traffic except in the DD District where alternate access points may be allowed as follows:

a. Shall connect at least two public rights-of-way on opposite sides of the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings.;

b. Shall be a minimum of 16 feet wide; and

c. Shall be clearly visible to pedestrian and vehicular traffic.

Frontage types define the interface of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. and public realm. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types regulate massing of the entire building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. along all sides.

A. Applicability

1. Unless otherwise indicated in this Article, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. design shall utilize either frontage type requirements or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type requirements, as permitted.

2. Frontage Type Applicability

a. Frontage types apply to all façades fronting along the following facilities: public and private streets, existing and adopted light rail corridors, common access drives serving multiple parcels See “Lot of record.” or primary entrances, and public open spaces Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. such as parks, paved trails, and pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

b. Frontage types shall not apply along alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., except where there is sole or primary access to a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse lot, as allowed pursuant to paragraph 16.4.4D.3.

c. Frontage types shall not apply along freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. and other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

3. Building Type Applicability

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type shall be applied only in instances specified pursuant to the standards of the specific building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type.

B. Combinations

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. can employ different frontage types, but building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types cannot be combined.

C. Permitted Frontage and Building Types

Permitted frontage and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types are indicated by a “✔” in the table below.

D. Storefront Frontage Type

1. Description

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with façades replicating traditional storefront design.

2. Building Standards

The following standards shall apply to the Storefront Frontage Type.

a. The building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. mass shall be articulated with individual vertical divisions pursuant to paragraph 16.3.5C, Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Vertical Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety., spaced a maximum of 50 feet apart with a storefront.

b. A storefront window system An architectural wall assembly of large glass panes framed in relatively thin metal members and typically used at the ground level of commercial buildings. shall be used at the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade..

c. A primary horizontal articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. shall be made between the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. and the upper floors that include a change in material or change in plane.

d. A secondary, tripartite, horizontal articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. shall be made within the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. façade (for example: kickplate, storefront, and transom).

e. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. entries shall be level with the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. sidewalk and not cause doors to extend into the clear zone of a sidewalk.

f. If entries are recessed:

(1) The recessed area shall be proportionally wider (Y) than they are deep (X); and

(2) The entry can face the street or face the side of the recessed area.

E. Arcade Frontage Type

1. Description

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with a recessed ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. façade that creates a linear passageway parallel to the street, covered by the upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. which extend within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

2. Building Standards

The following standards shall apply to the Arcade Frontage Type:

a. The recessed façade at the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade., or “arcade,” shall comply with standards for the Storefront Frontage Type.

b. The depth (X) of the arcade shall be a minimum of eight feet and a maximum of 20 feet, measured from 12 feet from back-of-curb.

c. Upper podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. levels shall be located within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

d. Upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. shall be either cantilevered or supported by columns.

e. When columns are used:

(1) Columns shall be placed within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

(2) Voids between columns shall not be permanently filled in.

(3) A minimum of 65% of the colonnade façade at the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. shall be open.

F. Courtyard Frontage Type

1. Description

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with a full height recessed façade for a portion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage where the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.(s) creates enclosure around an internal void (such as a U shaped building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. footprint).

2. Building Standards

The following standards shall apply to the Courtyard Frontage Type:

a. Dimensional Standards

b. Courtyard openings shall not be placed on block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. corners.

c. Primary or Main Entrances

Primary or main entrances An ingress/egress of a building designed to accommodate a predominant amount of foot traffic for the building.:

(1) Shall be spaced at a maximum of 150-foot intervals along the frontage; and

(2) Can be located in the courtyard instead of, or in addition to, entrances at the street.

d. Courtyard amenities

When a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project does not have required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. per paragraph 16.2.4, Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., the following shall be provided:

(1) One understory or canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree per 1,000 square feet of courtyard shall be provided, with a minimum of one tree.

(2) Seating shall be provided at a rate of one linear foot per 100 square feet of courtyard, with a minimum of two seats. Ledges and/or walls can be used if the height is 18 to 30 inches high and 15 inches deep.

G. Forecourt Frontage Type

1. Description

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with façades that are separated from the sidewalk and/or street by a small forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

2. Uses

Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall only be used for:

a. Dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. designed at ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. along the street frontage The boundary of a property adjacent to one side of a street.; or

b. Guest rooms A room or suite used as living accommodations for one or more paying visitors. for overnight accommodations designed at the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. along the street frontage The boundary of a property adjacent to one side of a street..

3. Building Standards

The following standards shall apply to the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type:

a. Placement

(1) The required forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall be established 12 feet from back-of-curb. If that placement is within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the placement shall be adjusted to the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line.

(2) The forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. may be established further than 12 feet only to the amount necessary to avoid encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or an existing easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

b. Depth

The minimum depth shall be five feet and the maximum shall be 12 feet.

c. Fence or Wall

(1) A minimum two-foot-high fence or wall is required at each forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage along a street or other facility per paragraph 16.3.1A.2, Frontage Type Applicability, and shall comply with the provisions of Sec. 9.9, Fences and Walls.

(2) The fence or wall shall be required for at least 60% of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage.

d. Access

(1) Each forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall provide either primary or secondary entrances, in addition to entrance requirements per paragraph 16.3.4, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Access. If a forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. spans more than one dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., each individual dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall have an entrance to the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

(2) External access to the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. from the street shall be required at a minimum rate of one per 250 linear feet of or portion thereof.

e. Amenities

(1) At least three of the following shall be provided within the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. for every 50 linear feet of forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage, or portion thereof. Any two of paragraphs (a) through (c) below can be combined as long as dimensional standards are met for each item.

(a) Seating – One linear foot for every 100 square feet of forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type., with a minimum of two seats. Ledges and/or walls can be used if the height is 18 to 30 inches high and at least 15 inches deep.

(b) Raised planters (minimum planting area of 10 square feet) and/or an ornamental tree. These shall not count towards street tree requirements.

(c) A fence or wall two to four feet in height, parallel to the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. face to create defined spaces.

(d) A trellis or tensile canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. (not retractable) with a depth of at least 75% depth of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

(2) Within the S1 and S2 Sub-districts

Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. within the S1 and S2 sub-districts shall also provide the following landscaping within the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type.:

(a) Landscaping shall be provided at a minimum of 25% of the court area.

(b) Landscaping shall consist of raised planters with a minimum planting area of 10 square feet and/or in-ground landscaping consisting of shrubs or understory trees.

(c) Landscaping can be used to satisfy the requirement of paragraph e(1), above.

(3) Planters provided for forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. serving individual dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall be built-in or secured to the ground.

H. Monumental Building Type

1. Applicability

This Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type can be utilized for public or private development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with a qualifying use as listed below.

2. Qualifying Uses

a. Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Types can be used for only the following primary uses:

(1) Auditorium;

(2) City Hall or County Administration Complex;

(3) Courthouse;

(4) Library;

(5) Museum Establishments for the display of art or historic or science objects.;

(6) Passenger terminal;

(7) Place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses.;

(8) School, elementary, middle, or high; or

(9) Theater A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures..

3. Building Standards

a. The minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be 20 feet.

b. The minimum side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be 20 feet on each side.

c. A minimum street frontage The boundary of a property adjacent to one side of a street. of 200 feet shall be required. For developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with multiple street frontages The boundary of a property adjacent to one side of a street. only one frontage shall be required to meet the minimum.

d. The following architectural standards shall apply:

(1) When provided, punched windows shall be a minimum of two feet wide by four feet tall.

(2) The primary entrance shall be located on the front façade and shall face the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. along the primary public or private street frontage The boundary of a property adjacent to one side of a street.. The front façade shall be clearly defined and have a greater level of architectural expression and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. than the remaining façades.

(3) The primary entrance shall be articulated as a major component of the main façade.

(4) Primary building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials shall consist of brick, cast in place concrete or pre-cast concrete panels, glass, metal, and/or stone.

4. Front Facade Street Yard Standards

The front façade street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall meet the following requirements:

a. It shall be no more than three vertical feet higher than sidewalk grade A land disturbing activity that modifies the contours of the land. at the street frontage The boundary of a property adjacent to one side of a street. for a minimum depth of five feet, measured from the property line at the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. It shall have a minimum depth of 20 feet from the back-of-curb, extend a minimum of the length of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. along the street frontage The boundary of a property adjacent to one side of a street., and be comprised completely of landscaping and hardscaping as described below.

c. A minimum of 30% of the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. area shall be comprised of hardscaping and shall include the following:

(1) The entire hardscaped area shall be covered with modular pavers, decorative concrete, or stone paving.

(2) A minimum of one “element of interest” (i.e., fountain, art, clock, etc.) shall be provided.

(3) One linear foot of seating per 40 square feet of hardscaped area shall be provided.

(4) One trash and one recycling receptacle per 5,000 square feet of hardscaped area shall be provided.

d. A minimum of 30% of the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. area shall be comprised of landscaping and shall include the following:

(1) One 2 ½-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. tree per 1,000 square feet of landscaped area shall be required; and

(2) No more than 50% of the landscaped area shall be lawn. The remainder of the area shall be planted with trees, shrubs, perennials, and/or annuals.

e. It shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access.

I. Incidental Building Type

1. Description

Incidental buildings are primary structures that, due to size and/or use, frontage types would not be appropriate, as prescribed below.

2. Standards

a. Except for permanent sales stands/kiosks and rail signal/utility shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. or cabinets, if other structures than those indicated below are located on the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site, then those structures indicated below shall be considered accessory structures and not incidental buildings.

b. No glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirements shall apply.

3. Types of Incidental Buildings

a. Park and Urban Agriculture Buildings

(1) Park buildings (restrooms, shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster., and other similar structures) and urban agriculture buildings (greenhouses, including hoop houses of similar size to greenhouses, tool/storage sheds, and other similar structures) shall have a minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of 20 feet from the street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and a minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of five feet from all other property lines. Setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be increased to accommodate emergency vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access, if required.

(2) The maximum height shall be one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

b. Rail Signal Shelters

(1) Rail signal shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be located in railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. unless documentation is presented to the Planning Director or designee that the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. must be placed outside of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and there is no alternative.

(2) If shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. are placed outside of railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the following shall apply:

(a) Shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be of a uniform weather-resistant material of either aluminum or steel kept in a metallic appearance; or

(b) If a different weather-resistant material or appearance is used, or if the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. is placed within the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. or covered by public art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. that received a recommendation of approval by the Durham Arts Council Committee.

(c) The location of the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall not conflict with any required streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities and shall maintain required clear zones.

c. Permanent Stands/Kiosks

Commentary:  Additional permits and license agreements may be required to use the public sidewalk.

(1) The maximum size of each stand or kiosk shall be 50 square feet, unless located within public space pursuant to paragraph 16.2.4C.3, Public Space Amenities.

(2) If located within public sidewalks or other public or private pedestrian walkways, required clear zones shall be maintained.

(3) Design Standards

The integrity of the stand or kiosk shall be maintained. Portions of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that are torn, broken, dented, or otherwise damaged shall be repaired or replaced.

(4) Signage

(a) A maximum of one sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. per side is allowed.

(b) Maximum size per sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be eight square feet.

(c) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall not contain changeable copy The characters, letters, or illustrations of a sign that change, either manually or electronically, without altering the sign..

(d) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall not extend above the roofline of the stand or kiosk.

J. Accessory Structures

Accessory structures shall be subject to the applicable requirements pursuant to paragraph 5.4.1, Accessory Structures, except as follows:

1. Accessory structures in Design Districts shall be located to the rear of the rear building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.(s) and shall be subject to the side and rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements of those districts.

2. The height of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed 35 feet and shall not exceed the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in height.

3. The structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be compatible with the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in style, materials, roof form, and details.

The following standards apply to structured parking, either as a stand-alone building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or as a component of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.:

A. Ground Floor

1. Parking shall not be exposed on the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade..

2. A frontage type pursuant to paragraph 16.3.1, Frontage and Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Types, shall be required along a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

3. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. frontage along a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall only be uses (pursuant to paragraph 16.1.3, Uses and Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance.) other than parking.

a. The area required for the uses shall have a minimum interior depth of 20 feet and a minimum clear ceiling height of 14 feet.

Commentary: “Clear ceiling height” typically refers to the measured height from floor to ceiling without obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream..

b. For structured parking in a completely residential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., the ancillary uses typically provided for residents of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., such as but not limited to lobbies, fitness rooms, and leasing offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., shall be considered nonresidential uses.

c. Pedestrian and vehicular access to parking is allowed.

4. No more than 30% of the parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. materials along the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. along all sides shall be exposed concrete.

5. Where non-vehicular vertical circulation elements are located along the street frontage The boundary of a property adjacent to one side of a street. they shall meet either the Storefront or Arcade Frontage Type requirements. Entrances to non-vehicular vertical circulation shall have direct access to and from the street frontage The boundary of a property adjacent to one side of a street..

6. In order to minimize conflict between pedestrians and vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. at pedestrian access points:

a. Pedestrian sight distance triangles for vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. exiting the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. measuring 10 feet by 10 feet, or pedestrian warning devices, shall be provided at all vehicular access points.

b. Pedestrian sight triangles shall be measured from the edge of the vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. travel lane to the edge of the sidewalk or walkway closest to the vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

7. Paragraphs 1 through 3 and 5, above, shall not apply to a frontage along a limited-access right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

B. Architectural Standards

The following architectural standards shall apply to any parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. façade visible from a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.:

1. Glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirements above the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade., per paragraph 16.3.6A, Minimum Glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building., shall not apply.

2. Paragraph 16.3.5, General Facade Requirements, shall apply.

3. The sloping nature of the interior structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not be exposed, repeated, or revealed on the exterior façade. Ramping in parking structures shall be internalized or screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. to avoid an angular geometry to the perimeter of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

4. When developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in conjunction with another principal building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.(s), or as a component of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., exterior walls of parking structures shall be finished with the same material to match the architectural design of the principal building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.(s).

5. Exterior walls or decorative screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. measuring at least four feet in height from each floor level shall be required and be 100% opaque in order to screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. head or tail lights of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

6. All openings shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. with material that is at least 60% opaque, while allowing for required ventilation per the NC Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code. Such screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. can consist of decorative screens The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., vegetative walls, or window frames, and shall be articulated with additional columns or pilasters.

7. Louvers shall not be used for screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views..

A. Podium Height

The minimum and maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height is established along the street frontage The boundary of a property adjacent to one side of a street. based on sub-district.

1. All buildings utilizing frontage types, except the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, shall meet the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

2. Buildings utilizing the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type shall meet the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height at the back of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

B. Application of Multiple Height Standards

For buildings where multiple height standards apply, each portion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is allowed to build to the allowable height in the sub-district where that portion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is located. Height will be computed independently for each portion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. in each sub-district.

C. Sub-District Requirements

1. DD District

a. Unless otherwise specified, the following standards shall apply to all frontage and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types:

Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height and Massing

Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)						Optional Corner Tower Elements: Additional Height above Proposed Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height
DD Sub-Districts	Minimum/Maximum Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.	Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height without Provisions	Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height with Provisions
Core (-C)	30 feet min	75 feet max1	10 feet	300 feet	Unlimited	30 feet
Support 1 (-S1)	30 feet min	75 feet max1	10 feet	100 feet	175 feet	20 feet
Support 2 (-S2)	20 feet min	35 feet max	10 feet3	35 feet2/50 feet	65 feet	12 feet
1See paragraph (1), below, for additional height allowance 2See paragraph (2), below, for height allowance. 3See paragraph (3), below, for step-back requirements.

(1) For the Core and S1 sub-districts, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is at least 100 feet wide, then the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height shall be 100 feet.

(2) In the S2 sub-district, the maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height without provisions shall be 35 feet when within 75 feet of non-design district zoning.

(a) Measurement shall be made from the zoning line. Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be excluded from the 75-foot measurement.

(b) The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height can be 50 feet with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(3) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

(a) No step-back is required in the S2 sub-district when utilizing “maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height without provisions”.

(b) In the S2 sub-district, the minimum upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. or a change in building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials at and above the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height is required when utilizing the “maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height with provisions.”

(4) The Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(5) Incidental and Accessory Structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Types shall be exempt from the requirements in paragraph a, above.

(6) Balconies and bay windows that extend out from the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. are not required to meet step-back requirements.

b. Corner Tower Elements

When provided, a corner tower element A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. shall be limited in width and depth to a maximum of 25% of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage.

c. Maximum Building Height with Provisions

The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height with provisions, as allowed in paragraph 16.3.3C.1.a, above, can be achieved by providing provisions for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site pursuant to the table below.

(1) Project provisions required elsewhere in this Ordinance or in the City Code shall not qualify as amenities to achieve the height.

(2) The additional height shall be applied to the overall building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height, and not to the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

(3) The additional height allowed is subject to the upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. requirements.

(4) Eligible Provisions

2. CD District

a. Unless otherwise specified, the following standards shall apply to all frontage and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types:

Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height and Massing

CD Sub-Districts	Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)			Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height without Provisions	Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height with Provisions	Optional Corner Tower Elements: Additional Height above Proposed Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height
	Minimum/Maximum Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.
Core (-C)	30 feet min	75 feet max1	10 feet	90 feet	145 feet	30 feet
Support 1 (-S1)	30 feet min	50 feet max	10 feet	60 feet	90 feet	15 feet
Support 2 (-S2)	20 feet min	45 feet max	10 feet4	35 feet2 / 45 feet	60 feet	15 feet
Pedestrian Business (-P(N))	20 feet min	35 feet max	10 feet	40 feet / 55 feet3	—	—
1 See paragraph (1) for additional height allowance. 2 See paragraph (2), below, for height allowance. 3 Height restrictions are located in paragraph 16.3.3C.2, Pedestrian Business Sub-District (Ninth Street) (CD-P(N)) Height. 4 See paragraph (3), below, for step-back requirements.

(1) For Core, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is at least 90 feet wide, then the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height shall be 90 feet.

(2) In the S2 sub-district, the “maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height without provisions” shall be 35 feet when within 75 feet of non-design district zoning.

(a) Measurement shall be made from the zoning line. Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be excluded from the 75-foot measurement.

(b) The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height can be 45 feet with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(3) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

(a) No step-back is required in the S2 sub-district when utilizing the “maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height without provisions”.

(b) In the S2 sub-district, the minimum upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. or a change in building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials at and above the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height is required when utilizing the “maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height with provisions.”

(4) The Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(5) Incidental and Accessory Structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Types shall be exempt from the requirements in paragraph a, above.

(6) Balconies and bay windows that extend out from the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. are not required to meet step-back requirements.

b. Corner Tower Elements

When provided, all corner tower elements on a single building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall have a combined maximum width and depth of 20% of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage or 30 feet, whichever is less.

c. Pedestrian Business Sub-District (Ninth Street) (CD-P(N)) Height

For properties within the CD-P(N) the following height restrictions shall apply:

(1) East Side of Ninth Street

Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall not exceed 40 feet and shall not exceed three stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

(2) West Side of Ninth Street

(a) Along the western Ninth Street frontage The boundary of a property adjacent to one side of a street., building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall not exceed 55 feet and shall not exceed four stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. in the area extending 230 feet in from the north and south sub-district boundaries in accordance with the figure below.

(b) If not governed by paragraph (a) above, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall not exceed 40 feet in height and shall not exceed three stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

d. Maximum Height with Provisions

The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height with provisions as allowed in the table in paragraph 16.3.3C.2.a, above, can be obtained only in the Core, S1, and S2 sub-districts with a provision as indicated below.

(1) A provision cannot qualify for additional height if it is a requirement elsewhere in this Ordinance or in any other code or regulation.

(2) The Affordable Housing Provision can apply to additional height and additional density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. pursuant to paragraph 16.1.3E.2.d, Additional Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

(3) The additional height shall be applied to the overall building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height, and not to the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height. The required upper-story step-back shall also apply.

(4) Eligible Provisions

The following shall be the eligible provisions that qualify for additional height:

3. CSD District

a. Unless otherwise specified, the following standards shall apply to all frontage and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types:

Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height and Massing

CSD Sub-Districts	Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)			Residential2 Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height without Affordable Housing Bonus	Nonresidential Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height without Affordable Housing Bonus	Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height with Affordable Housing Bonus3	Optional Corner Tower Elements: Additional Height above Proposed Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height
	Minimum/Maximum Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.
Core (-C)	30 feet min	75 feet max1	20 feet	145 feet	300 feet	300 feet	30 feet
Support 1 (-S1)	25 feet min	75 feet max	20 feet	45 feet	90 feet	145 feet	15 feet
Support 2 (-S2)	20 feet min	35 feet max	10 feet4	35 feet	60 feet	60 feet	15 feet
1 See paragraph (1) below for additional height allowance. 2 Mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with a residential component are considered residential for establishing maximum allowable height. 3 See paragraph c below for affordable housing height bonus requirements. 4 See paragraph (2) below for step-back requirements.

(1) For Core, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is at least 90 feet wide, then the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height shall be 90 feet.

(2) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

(a) The step-back is required in the S2 sub-district only if the affordable housing bonus is utilized.

(b) In the S2 sub-district, the step-back can be replaced with a change in building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials at and above the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

(3) The Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(4) Incidental and Accessory Structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Types shall be exempt from the requirements in paragraph a, above.

(5) Balconies and bay windows that extend out from the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. are not required to meet step-back requirements.

(6) The maximum height allowances for congregate and independent living facilities A facility consisting of a single building or group of buildings with one ownership and management in which the residents are persons at least 55 years of age, their spouses, and/or their surviving spouses, and with or without an on-site resident manager. Residents live in their own dwelling units. The facility maintains a common dining room and typically provides personal services such as transportation, banking, and/or a barber shop/hair salon; recreational activities and amenities; concierge services; and housekeeping for residents and their guests. Health maintenance services and/or treatment are not provided. shall be the “Nonresidential Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height without Affordable Housing Bonus” category.

b. Corner Tower Elements

When provided, all corner tower elements on a single building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall have a combined maximum width and depth of 20% of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage or 30 feet, whichever is less.

c. Maximum Height with Affordable Housing Bonus

(1) Within any sub-district, provided that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department., the Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Height with Affordable Housing Bonus shall apply.

(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.

(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.

A. General Access Requirement

Except along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., each street frontage The boundary of a property adjacent to one side of a street. facade or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. facade shall have at least one entrance with direct access to the street or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

B. Primary or Main Entrance

1. A primary entrance shall be on a street frontage The boundary of a property adjacent to one side of a street. façade and shall:

a. Be within 30 vertical inches of the street grade A land disturbing activity that modifies the contours of the land.;

b. Face the street unless otherwise allowed; and

c. Have direct access to the street.

2. Primary entrances shall be:

a. Clearly defined and articulated by decorative surrounds, thresholds, pediments, distinctive lighting, lintels, sidelights, canopies, or other distinctive architectural elements which frame and identify the entrance; and

b. Larger in scale than secondary entrances.

3. Entries from parking areas shall be secondary in nature and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety..

C. Exemptions

Exemptions from paragraph B, Primary or Main Entrance An ingress/egress of a building designed to accommodate a predominant amount of foot traffic for the building., above, are as follows:

1. Entrances to the Courtyard and Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Types, per paragraph 16.3.1F, Courtyard Frontage Type, and paragraph 16.3.1G, Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type.

2. Existing entrances designed and used as the primary entrance for the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., as long as access to the street is maintained.

3. The standards shall not apply to frontage along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

Facades of buildings shall be designed as follows. Portions of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades used as retaining walls shall also be subject to these standards.

A. Variation of Exterior Materials

1. Changes in exterior building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials shall only occur as defined lines, edges, or a minimum three-inch change of plane.

2. When vertical changes in exterior building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials occur at a corner, they shall only occur at inside corners of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade.

3. Incidental changes in material, such as but not limited to quoins or keystones, are allowed.

B. Building Length

In CD-P and CD-S2, the maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. length along each street frontage The boundary of a property adjacent to one side of a street. shall be 400 feet. Otherwise, the maximum length shall be 500 feet. The measurement of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. length shall exclude courtyards compliant with dimensional standards of the Courtyard Frontage Type.

C. Podium Vertical Articulation (Divisions)

1. Vertical divisions shall be articulated for the entire height of the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height..

2. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. podiums The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. shall have multiple vertical divisions articulated using at least one of the following methods:

a. A change in building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. materials, textures, or material coloring (paint color shall not qualify); or

b. A change of plane of at least six inches.

3. For buildings in the CD-P(N) sub-district, the rhythm established by typical widths of the traditional commercial structures on the east side of Ninth Street between Perry Street and West Markham Avenue shall be maintained.

D. Podium Horizontal Articulation Standards (Layers)

1. Extent of Articulation

a. For buildings with a podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. of fewer than four stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck., the building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall be less than 50% of the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height.

b. For buildings with a podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. of four or more stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck., the building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall extend through the top of the first or second story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

2. Visual Distinction

a. The building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall appear visually distinct from the upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. of the building podium See Podium., through the use of the following:

(1) A change in building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. material type, scale, or finish; and

(2) A change in window style.

b. The top of the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. shall be articulated with discernible cornice lines, parapets and/or fasciae that create three-dimensional relief or reveal.

c. The building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. may vary in height as long as it complies with paragraph 1, above.

d. A maximum of 30% of a façade width can contain a visually distinct and uniform design extending from the base through the upper levels of the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height..

E. Corner Facades

1. Buildings with multiple street frontages The boundary of a property adjacent to one side of a street. shall be designed with all street-facing façades having similar architectural expression and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety..

2. Any corner tower element A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. shall wrap both sides of the corner and be articulated as a distinct vertical element. This element shall not appear merely as a coplanar extension of the main façade.

A. Minimum Glazing

1. Facades requiring a frontage type, and frontage along Freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., shall provide glazed The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. window or door openings at the following minimum percentages:

2. Calculation Method

a. Each level category shall be calculated independently per façade, and each building elevation One of the exterior vertical faces of a building. shall comply with each glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirement unless exempted or other requirement is indicated.

Example:  A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. utilizing the storefront frontage type shall demonstrate the glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. at the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. is at least 65% of the façade of that level, podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. levels above street shall have a glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. of 25% of the aggregate of those levels, and 20% glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. of the aggregate of all levels above the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height..

b. Calculations shall be made from the finished floor elevation to finished floor elevation or finished roof surface, as applicable.

3. Exemptions and Exclusions

a. Courtyards with façades completely internal to the site and not applicable to the standards for the Courtyard Frontage Type are exempt from minimum glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirements.

b. The area of any exterior air intake louvers or vents used for mechanical equipment or HVAC systems can be subtracted from the total wall area when calculating glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirements.

c. Parapets, foundation walls, and at- or below-grade retaining walls, where there is no habitable space behind the walls, shall be excluded from glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. calculations.

B. Window Design Standards

All glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. used to meet requirements shall comply with the following standards to ensure visual interest:

1. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. shall have transparent glass. Mirrored and frosted glass shall not be used.

2. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. shall be maintained free of internal obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. or partitions to a minimum depth of three feet.

3. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. shall not be obscured by materials applied to the inside of the glass including, but not limited to: paper, and paint. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. allowed pursuant to Article 11, Sign Standards, are exempt from this requirement. Windows can be covered only when there is an active building permit A permit issued by the Inspections Department in conformance with the State Building Code..

4. Windows within the podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. shall not contain grills interior to the glass.

5. Bars See “Nightclub” or other obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. shall not be mounted onto windows.

6. In the CD-P(N) sub-district, upper-floor windows greater than 10 square feet in area shall be divided by a minimum of one muntin, mullion, or sash.

A. Unless otherwise indicated, the following improvements shall be provided within the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. along all public and private streets, and within pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.:

B. Article 12, Infrastructure and Public Improvements, and Article 13, Additional Requirements for Subdivisions, shall apply except as modified within this section.

C. Exemptions

The following projects shall be exempt from providing sidewalk or streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities:

1. Projects that only require architectural review;

2. Improvements that consist only of unmanned facilities of less than 1,000 square feet, such as storage rooms, mechanical equipment, or coolers;

3. Improvements that consist only of four or fewer additional motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking spaces A designated off-street area designed to accommodate the parking of one vehicle.;

4. Improvements that consist only of less than 1,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. area; or

5. Improvements are documented to solely bring existing facilities up to current health, safety, or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements.

A. Sidewalk Standards

1. Sidewalk shall be provided as follows. When multiple methods are shown as allowed, any allowable method can be used.

2. Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type and Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type

a. For the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, sidewalk shall be measured to the frontage of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. and not the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. itself.

b. For the Monumental Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Type, the sidewalk shall be a minimum of 12 feet wide, and a landscape strip with a minimum width of three feet can be provided against the back-of curb.

3. For additions or modifications to existing structures on sites with existing sidewalk, sidewalk along all frontages shall be widened to at least 12 feet, unless:

a. Exempt per paragraph 16.4.1C, Exemptions;

b. A wider sidewalk would require the removal of a major specimen tree; or

c. Existing conditions Conditions that exist at time of plan or plat submittal. prohibit the widening of the sidewalk.

4. Existing sidewalk width shall not be reduced.

5. For projects that propose removal of the existing structures for construction of new structures, current standards shall apply.

6. Street trees are allowed in the sidewalk area, but shall not conflict with the required clear zone. Pit openings shall not encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into the required clear zone unless a suspended sidewalk system is utilized.

7. Parking areas, loading zones, bus and valet pull-offs, and other similar features shall not utilize, or encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into, the required sidewalk area.

8. All sidewalk area, whether within public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or on private property with an easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., shall meet ADA accessibility standards.

9. Payment-in-lieu shall not be an option to comply with sidewalk requirements.

10. For frontage along freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. and other similar right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. where the build-to line The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. is measured from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the following standards shall apply:

a. No sidewalk within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is required; however, on-site sidewalk shall be required and shall connect to any other existing or proposed sidewalk in right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or on-site. Connections shall also be made to on-site buildings and parking areas.

b. The minimum width shall be six feet.

B. Sidewalk Clear Zone

1. Within the required sidewalk, a continuous, unobstructed area or “clear zone” shall be maintained at all points along the sidewalk as follows:

Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall maintain clear zones per paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards.

2. The clear zone shall parallel the predominant building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. face, with a maximum variation of 15 degrees. A greater degree of variation is allowed only to the minimum extent necessary to accommodate existing obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. or other obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. required for utilities, street trees, or other streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities.

3. Bus Stops

Bus stop clear zones shall be established pursuant to the requirements of the applicable transit agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc.. No landscape strip shall be required through the clear zone.

C. Accessibility

1. Sidewalk Accessibility Ramps

Directional sidewalk accessibility ramps shall be provided at street intersections to direct users across crosswalks rather than diagonally into intersections.

a. Non-directional ramps shall not be permitted.

b. Pedestrian Rights-of-Way Accessibility Guidelines (PROWAG) shall be utilized to comply with this standard, except that ramps shall be perpendicular to the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., as shown below*.

* Diagrams are per PROWAG Chapter R3, Technical Requirements. Specifications shown are illustrative. All construction shall be to the specifications of the City Public Works Department.

c. Alternative methods found in PROWAG are allowed only if existing conditions Conditions that exist at time of plan or plat submittal. prevent the use of ramps described in paragraph b, above.

2. Driveway Aprons/Curb-Cuts

a. Driveway A private roadway located on a parcel or lot used for vehicle access. aprons shall be provided so that sidewalks remain continuous and level for the width of the clear zone.

b. Obsolete/unused driveway A private roadway located on a parcel or lot used for vehicle access. aprons and curb-cuts shall be removed.

D. Required Streetscape Amenities

1. Amenities shall be provided within the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. as indicated in the table below and shall be calculated by rounding to the nearest linear foot or receptacle. These standards shall apply whether the amenity is required or provided beyond minimum requirements.

2. Existing streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities along the street frontage The boundary of a property adjacent to one side of a street. of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. can count towards required amenities so long as they meet all dimensional requirements.

3. Seating shall be 18 to 30 inches high and a minimum of 15 inches deep. Seating that accommodates users on both sides shall be at least 30 inches deep.

4. Ledges and walls can count as seating provided that they meet the dimensional requirements of this section.

5. Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities shall be distributed along the full length of the street frontage The boundary of a property adjacent to one side of a street. rather than in one location.

6. Required streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities shall be provided within the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or on private property within five feet of the property line, provided that they are publicly accessible.

Commentary: Sight distance triangles required within this Ordinance must be maintained.

7. For projects with multiple street frontages The boundary of a property adjacent to one side of a street., each street frontage The boundary of a property adjacent to one side of a street. shall have a discrete calculation and requirement.

8. Setbacks

Along streets with on-street parking, streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. furnishings shall be located a minimum of 24 inches from the back-of-curb.

9. Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. furnishings shall be anchored to the pavement.

E. Street Trees

1. Landscaping and installation standards within Article 9, Landscaping and Buffering, shall apply unless otherwise modified below.

2. Standards

a. Number of Trees

(1) One tree for every 40 feet of street frontage The boundary of a property adjacent to one side of a street. along existing and proposed rights-of-way (not including alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., and pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.. If understory trees are planted, then the average shall be at least one understory street tree for every 30 feet.

(2) For street frontage The boundary of a property adjacent to one side of a street. along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the requirement shall be one tree for every 20 feet of street frontage The boundary of a property adjacent to one side of a street..

b. Maximum Separation

Trees shall maintain a maximum separation of 100 feet, measured between the centerline of each trunk. If existing obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access points, or sight distance triangles prevent compliance with the maximum separation requirement, the separation can exceed the maximum only to the extent necessary to avoid the obstruction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access point, or sight distance triangle.

c. Location

(1) Street trees shall be located in the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. The Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or NCDOT, as appropriate, may require an alternate location.

(2) Trees shall be placed along the curb side of the sidewalk. Along streets with on-street parking, street trees shall be set back at least 24 inches from the back-of-curb, measured from the centerline of the trunk.

(3) Unless utilizing a suspended sidewalk system, street tree pit openings shall not encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into required sidewalk or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. clear zones.

d. Suspended Sidewalk System

A suspended sidewalk system shall be required in the Core and S1 sub-districts of the DD and CD Districts.

3. Alternative Street Tree Requirement

Commentary: Street trees provide core functions within the urban environment. Street trees provide shade, aesthetics, and help distinguish the pedestrian way from travel lanes. The alternatives are intended to provide at least two of these functions when such alternatives are allowed. Encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. agreements with the City or NCDOT, as applicable, may be required.

a. Applicability

(1) If an existing easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. prohibits the placement of street trees in the prescribed location per paragraph E2, above, an alternative can be provided in lieu of the street tree requirement.

(2) Except in the CSD District, where development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. incorporates existing buildings and the distance from the back-of-curb to the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. face is less than 10 feet, an alternative can be provided in lieu of the street tree requirement.

(3) Street tree alternatives shall not be used for pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

b. Alternatives

Street tree alternatives specified below shall be used, individually or in combination, and shall comply with the associated standards.

(1) Spacing and location requirements shall be consistent with those required for street trees.

(2) Maintenance of alternatives shall be the responsibility of the property owner Any person having charge of any real property according to the records held by the Register of Deeds.(s) of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

(3) Table of Alternatives

F. Construction Specifications

1. Sidewalks (DD only)

a. Sidewalks shall be constructed of natural concrete with red brick pavers installed along the back-of-curb in a double row stacked sailor course. Corners can be a solid field or herring bone brick pattern with a single sailor border.

b. Where a landscape strip is provided, the pavers shall be provided between the concrete sidewalk and landscape strip.

2. Suspended Sidewalks

When a suspended sidewalk system is utilized, concrete or brick pavers shall be used, and break-away collars to expand the pit opening as the tree grows shall be used.

3. Benches

Benches shall be DuMor Bench 92 or Dumor Bench 58, or equal in design and performance, in black finish.

4. Trash/Recycling Receptacles

a. Trash receptacles shall be 32-gallon DuMor Receptacle 102 or equal in design and performance in black finish.

b. Recycling receptacles shall be the same as used for trash except a recycling lid (DuMor RC lid/cover in blue, or equal in design and performance) shall be provided.

5. Street Lights, Mast Arms, and Other Utility Poles

a. Downtown Design District

(1) Street lights shall be Memphis teardrop luminaire on the davit-arm, mounted on the North Yorkshire pole all by Holophane or equal, shall be utilized. The City of Durham’s installation specifications shall be utilized.

(2) Mast arms shall consist of a smooth signal arm mounted on a 16-fluted pole with the Huntington base by Valmont or equal. The Memphis teardrop luminaire on the Atlanta cross-arm, both by Holophane or equal, shall be used atop the mast arm’s pole. The mast arm specification, including pole and luminaire height and arm length, should be confirmed through the City of Durham’s Transportation Department.

(3) Other utility poles shall be a consistent design and material with street lights.

b. Compact Design and Compact Suburban Design Districts

Street lights, mast arms, and other utility poles shall use a metal product approved by the City Transportation Department or NCDOT, as applicable.

6. Bicycle Racks

For bicycle rack specifications, see paragraph 10.4.4E, Standards for Design Districts.

G. Alternative Streetscape Plan (ASP)

1. General

a. Alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. requirements to the standard requirements of this section can be established within an approved alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. plan (ASP).

b. Amenities that are on private property and are not required for satisfying streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. standards are not subject to this plan.

c. Plan applications and any amendments shall be signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by all property owners Any person having charge of any real property according to the records held by the Register of Deeds., or legally designated representatives, within the plan area.

2. Applicability

a. A plan can be approved for an area consisting of at least 10 contiguous acres. Additions to a plan area can be made at any increment.

(1) Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall not be included within the area calculation.

(2) For the purposes of this paragraph, properties shall be considered contiguous if right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is intervening.

b. Streetscapes The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. internal to the plan area shall include entire block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces, and block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces shall be contiguous, in order to avoid gaps and “doughnut holes” within the plan area.

c. Where the perimeter boundary of the plan area would not include a portion of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., or an entire block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., of property not party to the plan:

(1) The streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. shall be included in order to encompass the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., or to create contiguous block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces, to avoid gaps between block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces and provide continuity along the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall..

(2) The streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. receptacles and seating consistent with the plan and other applicable ordinance requirements shall be provided along the streetscapes The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. sections not included in the plan, concurrent with the installation of furnishings within the portion of the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. within the plan area or on a neighboring block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., as applicable.

3. Approval

An ASP shall be approved through the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval process, either as part of the first site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for the plan area or as a separate plan. In either case, the ASP shall be applicable to all development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and plan approvals within the plan area.

4. Standards

The following shall consist of the allowable alternative amenities and associated standards for an ASP:

a. General

(1) The ASP shall specify alternative colors(s), design(s), and materials of each alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenity or sidewalk standard identified in the plan.

(2) Amenity design, color, and other construction specifications shall be provided within the plan.

(3) Unless specifically indicated otherwise within the standards below, the standard streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. requirements and any other applicable Ordinance requirements shall apply.

b. Signs

Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be allowed on amenities in the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. in accordance with paragraph 11.5.1E. Additionally:

(a) Only one sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. per amenity shall be allowed; and

(b) The maximum size shall be 36 square inches.

c. Sidewalk

(1) A landscape area between the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and sidewalk, with a minimum sidewalk width of 12 feet from back of curb, is allowed if the landscape area functions as a stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. BMP and complies with the City Code Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Performance Standards for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and is approved by the City Public Works Department.

(2) Lighting within sidewalk pavement shall be allowed.

d. Seating

An alternative bench design from paragraph 16.4.2F.3, Benches, is allowed. Materials shall consist of concrete, metal, and/or wood composite.

e. Solid Waste Receptacles

An alternative design for trash and recycling receptacles from paragraph 16.4.2F.4, Trash/Recycling Receptacles, is allowed subject to the following:

(1) The receptacles shall be of metal construction.

(2) The receptacles shall have openings that are covered by a horizontal surface. No uncovered The removal of ground cover from, on, or above the soil surface. openings shall be allowed on top of the receptacles.

(3) Trash and recycling receptacles shall be distinguished by color and signage indicating the type of receptacle.

f. Decorative Street Lights

Alternative street lights to those of paragraph 16.4.2F.5, Street Lights and Mast Arms, are allowed within pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. if they are a minimum of 10 feet from the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

g. Street Trees

(1) An alternative to the suspended sidewalk system required pursuant to paragraph 16.4.2E.2.d, Suspended Sidewalk System, is allowed if approved with a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(2) In addition to the review factors in paragraph 3.9.8B, Review Factors, the approving authority shall also find that the alternative provides equal or better stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. treatment and overall design functionality, including but not limited to supporting pedestrian movement and minimizing impact upon root systems, to that of suspended sidewalk systems designed pursuant to paragraph 16.4.2F.2, Suspended Sidewalks.

h. Bicycle Racks

An alternative ground-mounted bicycle rack from the required rack pursuant to paragraph 10.4.4E, Standards for Design Districts, is allowed.

5. Locations

Amenity locations shall be specified on the plan.

6. Servicing, Maintenance, and Replacement

a. All maintenance, servicing, replacement, and modification of location of alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities shall be the sole responsibility of the property owners Any person having charge of any real property according to the records held by the Register of Deeds. and their successors, including due to any governmental action or work that impacts the amenity.

b. For the purposes of this alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. plan, a property owners Any person having charge of any real property according to the records held by the Register of Deeds.’ association shall be legally established when the alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. plan will be applied to more than one parcel See “Lot of record.”.

c. A legally binding agreement with the City, reviewed and approved by the City Attorney’s Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and the Public Works Department, shall be in place prior to plan approval and shall be attached to the approved plan. The agreement shall include language that indemnifies the City from and against all charges and any other liabilities pertaining to any of the alternative amenities included in the alternative streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. plan.

d. The agreement shall be between the City and the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or an owners Any person having charge of any real property according to the records held by the Register of Deeds. association, and their successors.

A. Streets

1. General

a. Dead End Streets

(1) New cul-de-sacs A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. or other dead end streets shall not be permitted.

(2) Existing dead end streets can be maintained, modified, and improved so long as the length of the street is not increased.

b. Public and private streets, including alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., shall not be gated or otherwise restrict public access.

c. New streets and alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. as public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. can be private only if private stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures are placed within or underneath the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. Per paragraph 12.2.2, Other Forms of Access, private streets shall be constructed to public street standards, and all other requirements of this Article shall apply.

2. New Streets

This section provides standards for new streets within Design Districts, and includes a set of street typologies allowed within Design Districts.

a. The requirements of this section apply whenever a new street is proposed for construction.

b. Sidewalk, street tree, and other streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenity requirements found elsewhere in this Article shall apply in addition to following street standards:

c. Construction specifications for street typologies within this section, including intersection specifications, shall be reviewed by the City Transportation Department, City Public Works Department, or NCDOT, as applicable; and approved through the City Public Works Department or NCDOT, as applicable.

d. Curb and gutter shall be measured to back-of-curb pursuant to the specifications of the City Public Works Department.

e. Street Types

(1) Primary Street Type

A two-lane street with on-street parking and bicycle lanes. This street type shall be the default street type throughout the district. The Primary Street Type shall be designed as follows:

(2) Alternate Street Types

(a) Four-Lane Street Type

A four-lane street with a median/turn lane. The Four-Lane Street Type shall be used for streets designated as a major thoroughfare or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. in the adopted Comprehensive Transportation Plan, as amended. This street type shall be designed as follows:

(b) Two-Lane Street Type

A two-lane street with limited parking or bike lanes. The Two-Lane Street Type shall be used as a secondary street in the S2 sub-districts. This street type shall be designed as follows:

(3) Bicycle Lane and Buffers

Bicycle lanes and buffers shall be designed as follows to City or NCDOT construction specifications, as applicable:

(a) Buffers shall consist of a raised median or delineated with striping and vertical bollards.

(b) Bicycle lanes shall run behind transit stops.

(c) Bicycle lanes shall be painted green at areas of conflict, such as intersections, bicycle boxes, driveways A private roadway located on a parcel or lot used for vehicle access., and transit stops, as determined by the City Transportation Department.

f. Intersections

(1) Bicycle lanes shall be carried through an intersection.

(2) If a right-hand turning lane is needed, the movements of automobiles and bicyclists shall be separated through:

(a) Signalization; or

(b) A lateral shift to move cyclists to the left of the vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. right-turn lane before vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. can turn right.

(3) If no right-turn lane is added, the bicycle facility shall bend in, with the shift occurring at minimum 40 feet before the intersection and ending at minimum 20 feet before the intersection.

(4) At intersections with multiple turning options:

(a) For Primary Street Type: A minimum 10-foot bicycle box shall be installed, at minimum four feet from the pedestrian crosswalk and/or stop bar See “Nightclub”. A “NO TURN ON RED” sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. (MUTCD R10-11) shall be installed. Alternatively, a two-stage turn queue box can be installed in the intersection between the travel lane and bicycle lane.

(b) For Four-Lane Street Type: A two-stage turn queue box shall be installed in the intersection on the side of the bicycle facility away from through traffic.

g. Medians

(1) Landscaping shall be provided for the length of the median except when tapering to accommodate turn lanes. Landscaping shall at a minimum consist of groundcover, tree, and shrub species pursuant to the Durham Landscape Manual for vehicular use areas.

(2) At intersections, a pedestrian/cyclist refuge area shall be provided.

h. Alternative Forms of Compliance

Alternatives to the street design requirements of this section can be approved with a minor special use permit pursuant to Sec. 3.9, Special Use Permit. In addition to the general required findings, the Board of Adjustment shall also find that the alternative design meets or exceeds the multimodal performance and functionality of the street design standards of this section.

3. Existing Streets

Existing streets may remain serving existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in their current configuration; however, they shall not be extended except in conformance with this Article.

4. Street Names

A street name can be established for a driveway A private roadway located on a parcel or lot used for vehicle access. allowed for access for a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. under paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards. Establishing a name shall not result in circumventing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements for private streets, sidewalks, street trees, or other items.

5. Street Connectivity Requirements

a. Connectivity shall be defined as the continuation of the traditional grid pattern established by the existing road See “Street, Public” and “Street, Private.” network and creation of new blocks according to paragraph 16.4.4, Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. Standards.

b. Rights-of-way shall intersect at right angles, unless otherwise allowed pursuant to design standards maintained by the City Transportation Director, or NCDOT, as applicable.

c. Any new right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall continue or connect the existing street grid, unless:

(1) The connection is prohibited by NCDOT; or

(2) The connection would require extension through land permanently protected from development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., such as a conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., that precludes development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; or

(3) The connection would require the crossing of an environmentally sensitive area such as a 100-year floodplain, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., regulated wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., or steep slopes.

d. An existing right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall not be permanently closed without providing an alternate form of public access that accomplishes the same or similar connectivity.

B. Alleys

The following standards shall apply to new alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.. Additional standards within this Article applicable to alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall apply to new and existing alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

1. Alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall be paved and proposed only for access to service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. and/or to access no more than 20 parking spaces A designated off-street area designed to accommodate the parking of one vehicle..

2. Alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. are not required to have a curb or sidewalk.

3. Area outside of travel lanes, but within the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., shall be differentiated with a different paving material or design.

4. Alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. design shall not result in a dead end or be designed to prevent emergency vehicular movement.

C. Pedestrian Mall Standards

1. Width

a. Minimum Width. The minimum width of the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall be 25 feet and the maximum shall be 75 feet.

b. Alternative Width. The maximum allowable width shall be increased to 100‐feet if at least two different amenities from the options below are provided and located within the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. area:

(1) A public art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. feature as approved by the Durham Public Art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. Committee.

(2) Seating provided at double the rate found in the public amenities paragraph 16.2.4C.3.

(3) Trees provided at double the rate found in the public amenities paragraph 16.2.4C.3.

2. Enclosure

At least 85% of the length of each side of the mall shall consist of building podium See Podium..

3. Frontage and Building Types Applicability

Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall be considered “street frontage The boundary of a property adjacent to one side of a street.” for the application of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and frontage types. However, a build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall not apply.

4. Clear Zones

A clear zone shall be provided along the length of the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.. The clear zone shall be:

a. At least 10 feet wide;

b. Free of obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.; and

c. Be hardscaped and handicap accessible.

5. Streetscape Amenities

The requirements for streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities shall apply, pursuant to paragraph 16.4.2, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall..

a. Amenities shall be distributed throughout the length of the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

b. The centerline of the mall shall be used to calculate the minimum amount of each required amenity.

6. Landscaping

A maximum of 50% of the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. can be landscaped, consisting of trees, shrubs, and groundcover. The remaining area shall be hardscaped with ADA compliant material.

7. Connectivity

Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall extend through a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site, beginning and terminating at a public or private street.

Commentary:  A plaza at the intersection of two streets is not a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.. The pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. is meant to act as a linear way to visually subdivide property and provide pedestrian connectivity through a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. area and/or block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings..

8. Access

a. Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access.

b. A public easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for the entire area of any pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. shall be granted in perpetuity to the City of Durham.

Commentary:  An easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. does not necessarily absolve the property owner Any person having charge of any real property according to the records held by the Register of Deeds. of maintenance of the mall.

9. Street Names

Street names can be established for pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. pursuant to paragraph 12.3.2, Street Names. Establishments that open onto the pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. can have addresses on it when a minimum clear zone of 20 feet in width and 13.5 feet in height is provided to accommodate emergency vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

D. Over-Street Connectors

A major special use permit under Sec 3.9, Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, shall be required for all over-street connections over public streets, including but not limited to aerial pedestrian bridges and enclosed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. areas. In addition to the requirements of Sec 3.9, Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, the applicant shall demonstrate that the project’s relationship to the street and street level objectives and activities has been adequately addressed, and the City Council shall approve the permit only if it finds that:

1. The project will not create negative effects on the surrounding properties; and

2. The project will be aesthetically harmonious with or complementary to the surrounding buildings and streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., and will not have a substantial negative impact on downtown views.

E. Temporary Pedestrian Paths and Bus Stops

1. Any existing pedestrian right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that will be inaccessible for more than seven days shall require approval of a pedestrian traffic control plan as per MUTCD standards. Prior to the path becoming inaccessible, the pedestrian traffic control plan shall be submitted to and approved by the Transportation Director or designee, and NCDOT, as applicable, through the construction drawing approval process. Pedestrian traffic control plans shall include new or temporary pedestrian circulation routes and pedestrian protection measures, as appropriate.

2. Any existing bus stop that will be inaccessible for more than seven days, or any existing bus shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. that will be inaccessible for more than thirty days, shall require approval of an alternate bus stop and/or bus shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. location and accessible path to the bus stop and/or bus shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster., as applicable. Prior to the bus stop and/or bus shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. becoming inaccessible, the alternative shall be submitted to and approved by the Transportation Director or designee, NCDOT, and GoTriangle, as applicable, through the construction drawing approval process.

A. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of property greater than two contiguous acres in size within Design Districts shall meet the following block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. standards:

1. Each block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. shall be a minimum of one acre and a maximum of 3.5 acres in size.

2. A block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. that is greater than three and one-half acres but less than five acres in size shall be allowed if a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. or an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. is provided to create de facto blocks that meet the size requirements of this section.

B. A block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. length greater than 600 feet shall require a connection through the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. via an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. or pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques..

C. Blocks may exceed the maximum block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. size or block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. length for the purposes of right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for new streets as long as the new block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. size and length are in greater conformance with these standards.